HomeMy WebLinkAboutResolution 3053•
•
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL '
NO. 3053
A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2,
FILE #1699
WHEREAS, Michael Renard (hereinafter "the applicant")
is the owner of the property located at 1185 Tonkawa Road within
the City of Orono (hereinafter "City") and legally described as
Tract B, Registered Land Survey #853, Hennepin County, Minnesota
(hereinafter "the property") ; and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 1
(B) to allow construction of an addition to the existing
residence located 1-1/2' in front of the average lakeshore
setback line and a variance to Section 10.22, Subdivision 2
seeking approval of a hardcover variance within the 75-250'
setback area of 122 s.f. or .5% over the allowed hardcover of
5,707 s.f. or 25%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1699.
2. The property is located in the LR -1B, Single Family
Lakeshore Residential Zoning District requiring 1 acre
in area. The property consists of 28,405 s.f. or .65
acres.
3. The Orono Planning Commission reviewed this renewal
application on November 18, 1991, and recommended
approval of the average lakeshore setback variance and
hardcover variance of .5% within the 75-250' setback
area based upon the following findings:
A. The encroachment of the average lakeshore setback
is minimal at 1-1/2' and will have no negative
impact on the lake views of the adjacent
residences.
B. There is no hardcover in the 0-75' setback area on
• the property.
Page 1 of 4
O
O � O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`q$ESHOg' NO. 3053
C. The proposed total area or size of the residence
structure is consistent with the size and area of
surrounding residences on adjacent lots of similar
size.
D. The existing bituminous drive and backout apron
are required to maintain safe access to the
adjacent County road.
4. The City Council finds that the conditions existing on
this property are peculiar to it and do not apply
generally to other property in this zoning district;
that granting the variances would not adversely affect
traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring property; would not
merely serve as a convenience to the applicant, but is
• necessary to alleviate a demonstrable hardship or
difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in
keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
5. The City Council has considered this application
including the findings and recommendations of the
Planning Commission, reports by City staff, comments by
the applicant and the effect of the variances on the
health, safety and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to Municipal Zoning
Code Section 10.22, Subdivision 1 (B) that would approve the
average lakeshore setback variance of 1-1/2' for the proposed
addition and approves a hardcover variance to allow 5,829 s.f. or
25.5% hardcover within the 75-250' setback area, subject to the
following conditions:
1. Applicant shall remove a shed consisting of 168 s.f.
within the 75-250' setback area. Such removal to be
confirmed by the Building Inspector at the time of the
footing inspection for the new addition.
• Page 2 of 4
•
. w
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 305.3
2. Authorities granted by this resolution run with the
property not with the applicant, but are permissive
only and must be exercised by application for a
building permit within one year of the date of Council
approval, or this variance will expire on that date
(December 9, 1992).
3. Violation .of or non-compliance with any of the terms
and conditions of this variance shall constitute a
violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be
punishable as a misdemeanor.
4. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on
behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in
the chain of title of the property.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 9th day of December,
1991.
ATTEST:
y1ri.�Hallin, C' y Clerk Barbara A. Peterson, Mayor
F �f
r /1�sd A7 rys
tv Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 9th day of December, 1991, by Barbara A. Peterson & Dorothy
M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
-
LINDA S. VEE /c'
NOTARY PUBLIC - MINNESOTA Notary Public
HENNEPIN COUNTY
My commission expires 8-12-98
Page 3 of 4
•
0
40
Ivo O '�V-'\X
O O
\kESH0
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.. 3053
On this CRq*►, day of DPCe-y-lbek- . 199
before me a NotarbiPhoe-A
Public within and for said county, personally
appeared 7. 11-oviare known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
CAROLE A HASEMAN
NOTARY PU8Lr MINNESOTA
HENNEPIN COUNTY
MY COMMISSION EXPIRES 6.7.345
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this /61L day of A al'rh , 199,, before me
a Notary. Public withi and for said County, personally appeared
be-bora.h S', fen ars, �P�n ar known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
(a =NOTARY
`
NESOTA Y PUBLIC
TY
8-12-96
Page 4 of 4